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Patna High Court

Rani Kumari @ Rani Pratibha KunwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties of the same amount.

Summary

The petitioner, Rani Kumari, sought bail in a criminal case (PS Case No. 536 of 2025) under Sections 80, 137(2), 140(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, relating to the alleged dowry‑related death of her sister‑in‑law by poisoning. The informant alleged that his daughter was tortured for dowry and subsequently died, while the petitioner, a sister‑in‑law of the deceased, was in judicial custody since 24‑11‑2025 with no prior criminal record. The State and the informant opposed bail, arguing serious allegations against the petitioner. The court noted the absence of external or internal injuries, the pending forensic report, lack of any allegation of tampering, and the petitioner’s clean antecedents, concluding that no presumption of guilt could be drawn. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The order was pronounced by Hon’ble Mr. Justice Praveen Kumar.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the dowry‑death allegations under the Bhartiya Nyaya Sanhita.

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • presumption of guilt
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23359 of 2026
                         Arising Out of PS. Case No.-536 Year-2025 Thana- KONCH District- Gaya
                 ======================================================
                 Rani Kumari @ Rani Pratibha Kunwar W/o Nitish Kumar R/o village-
                 Rupaspur, Satvahini, P.S.- Konch, District- Gaya
                                                                         ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivnandan Bharti
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   07-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State as well as learned counsel for the informant.

                                2. The petitioner seeks bail in connection with Konch

                   P.S. Case No. 536 of 2025, registered for the offence under

                   Sections 80, 137(2), 140(3), 3(5) of the Bhartiya Nyaya Sanhita,

                   2023.

                                3. As per allegation, the daughter of the informant was

                   married with co-accused Vijay Kumar @ Vimal Kumar in the

                   year 2023 and thereafter she was being tortured for non-

                   fulfillment of the demand of dowry. It has been alleged that, on

                   23.11.2025, the informant got a secret information that her

                   daughter has died and on such information when he reached the

                   matrimonial house of his daughter, he found that her daughter

                   was killed by poisoning.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.23359 of 2026(4) dt.07-05-2026
                                            2/3




          submits that the petitioner is sister-in-law (gotni) of the

          deceased and it has been submitted at the bar that the husband of

          the deceased is in judicial custody. Learned counsel for the

          petitioner, referring to the impugned order, has submitted that

          there is no external or internal injury on the person of the

          deceased and the opinion regarding cause of death was reserved

          awaiting the FSL report. It has lastly been submitted that the

          petitioner herself is a daughter-in-law of the family and no

          presumption, if any, can be drawn against her. She is in custody

          since 24.11.2025 and has got no criminal antecedents. Charge-

          sheet has been submitted in this case and there is no allegation

          of tampering.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant vehemently opposed the prayer for bail of the

          petitioner. Learned counsel for the informant submitted that the

          petitioner is named in the FIR and there are serious allegations

          against her.

                       6. Heard the parties and perused the record.

                       7. Considering the facts and circumstances of the

          case, let the, above named, petitioner be released on bail on

          furnishing bail bond of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned
          Patna High Court CR. MISC. No.23359 of 2026(4) dt.07-05-2026
                                                      3/3




                    ACJM-VIII, Gaya, in connection with Konch P.S. Case No. 536

                    of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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